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1. LCRO 12/2018 NH and EW v TL and [KT Law] (17 February 2020) [pdf, 102 KB]

   ...courtesy. [34] It is understandable that Mr NH is disappointed by the fact that the freezing orders did not stop the auction in its tracks. That failing cannot be laid at the feet of Mr TL or the firm. While Mr TL or the firm could have done more to protect Mr NH’s interests, he was not their focus; subject to his overarching obligation to the court, Mr TL and the firm were responsible, and answerable, primarily to the executors. [35] Mr TL was obliged to advise his clients th...

2. Ministerial Advisory Group for Victims of Retail Crime - report on Reform of the Trespass Act [pdf, 183 KB]

   ...children and young people who engage in repeat offending .................................................................. 9 Issue 4 - the penalties for non-compliance do not adequately deter offenders .......... 9 Issue 5 - victims are insufficiently protected from prosecution when they act reasonably to protect themselves and their property ............................................. 10 III. Objectives ...................................................................................

3. Family Court Rewrite Submission - Family Works Northern [pdf, 415 KB]

   ...McMichael 22 February 2019 Introduction We were impressed with the content of the Consultation Document and believe if implemented it would be a very useful improvement in services offered to families experiencing breakdown where day to day care arrangements cannot be self-resolved. Whatever the ultimate recommendations are, we ask that the Panel recommends that FDR continues to sit as the substantive service in which parties must attempt to engage before a Judge receives an...

4. INZ (Gilray) v Croxson [2019] NZIACDT 72 (18 October 2019) [pdf, 142 KB]

   ...lack of probity. The applications filed with Immigration New Zealand for Messrs E and B had been expertly prepared. Mr Croxson had secured work visas for three years for both of them. [25] According to counsel, this was the first time in a career of 14 years as an immigration adviser that Mr Croxson had faced a formal complaint. He was scrupulous in his practice and the complaint had come as a real shock. He was remorseful and had learned from this lapse in judgement, having t...

5. LCRO 3/2019 YR v OS (20 July 2020) [pdf, 207 KB]

   ...owed to non-clients [21.120] The lawyer-client relationship is presumed to give rise to fiduciary duties: see [4.40]. Yet as fiduciary duties are superimposed upon a relationship in circumstances where a court considers that a party should be protected from another party’s potential abuse of position, it stands to reason that lawyers can owe fiduciary duties to non-clients. The danger is that fiduciary duties owed to a client may conflict with those owed to a non-client, placing th...

6. [2024] NZIACDT 06 ZR v Kim (23 January 2024) [pdf, 240 KB]

   ...invoice from Wealand International (1 May 2023) for the service fee of $4,000. [21] The complainant arrived in New Zealand on 20 May 2023 and departed on 16 July 2023. [22] On 2 August 2023, Immigration NZ sent a letter to the complainant (care of Mr Kim) advising that his visa might be cancelled as his employment had ended on 18 June and he had left New Zealand on 16 July. On the same day, Mr Kim sent the letter by email to the complainant. [23] On 15 August 2023, Immigra...

7. Goher v Hammadieh [2016] NZIACDT 1 (14 January 2016) [pdf, 184 KB]

   ...standards of conduct are maintained in the occupation concerned. [11] When imposing sanctions those statutory purposes require consideration of at least four factors which may materially bear upon maintaining appropriate standards of conduct: [11.1] Protecting the public: Section 3 of the Act states “The purpose of this Act is to promote and protect the interests of consumers receiving immigration advice ...” [11.2] Demanding minimum standards of conduct: Dentice v Valuers Registrat...

8. McNie v CAC2004 & Proude [2013] NZREADT 49 [pdf, 62 KB]

   ...fit, subject to the rule of natural justice: s.105; but submits that we should use our power to prevent misuse of our processes. [9] Counsel for the second respondent accepts that we must act in accordance with the purposes of the Act to promote to protect the interests of consumers in respect of real estate transactions and to promote public confidence in the performance of real estate agency work (refer s.3), and that a main purpose of that is to provide accountability through a disci...

9. Faleauto v DE LCRO 99/2015 (29 November 2016) [pdf, 101 KB]

   ...obligations, and contravened duties to his client and the court, is necessary to give effect to, and consistent with all three purposes of the Act. Publication is likely to assist in maintaining public confidence in the provision of legal services, protecting the consumers of legal services, and recognising the status of the legal profession. [34] Mr Faleauto does not say that publication of his name will have any impact on the interests or privacy of the complainant, Mr DE (who wa...

10. [2019] NZCAA 1 (18 January 2019) [pdf, 216 KB]

    ...appellant would not sell the vehicle if released without forfeiture. [7.7] The appellant is under financial pressure, due to the competitive nature of its business, the high costs involved, and the onerous regulatory requirements. [7.8] Any lack of care was due to naivety, and an understanding that a third party would ensure the risk was managed. The risk was unforeseen, and a rare situation. Customs’ Position [8] Customs say the records showing the discrepancies in the odo...